Pankey et al v. Western Arkansas Rock, Inc. et al
ORDER denying as moot 90 Motion to Disqualify Counsel. Signed by Honorable Susan O. Hickey on April 10, 2015. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TERRELL PANKEY and
SMITH COUNTY STONE, LLC
Civil No. 4:13-cv-4046
WESTERN ARKANSAS ROCK, INC.
Before the Court is Plaintiffs’ Motion to Disqualify Counselor in the Alternative,
Preclude Counsel from Acting as Both Advocate and Witness. (ECF No. 90). Plaintiffs filed the
present motion seeking to disqualify David Potter, a former defendant in this case, from serving
both as counsel of record and as witness in this matter. David Potter responds that he has now
been dismissed from this suit. Potter states that the remaining Defendant, Western Arkansas
Rock, Inc. (“WAR”), is represented only by Joshua Potter and Jacob Potter. Accordingly, Potter
maintains that he will not be serving as both advocate and witness and that the motion is moot.
Upon review of the docket, it appears that David Potter was added as counsel of record
for WAR at some point. In light of Potter’s response that he does not represent WAR, Potter is
hereby withdrawn as counsel of record for WAR. WAR continues to be represented in this
action by its remaining counsel of record, Joshua Potter. 1 In light of these developments, the
Court finds that Plaintiffs’ motion (ECF No. 90) should be and hereby is DENIED AS MOOT.
IT IS SO ORDERED, this 10th day of April, 2015.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
Jacob Potter is not currently listed as counsel of record for WAR. While he was listed on the initial
pleadings for WAR, the clerk’s office issued a notice on June 3, 2013 informing counsel that Jacob Potter
would need to file a notice of appearance. It does not appear that he has done so. If Jacob Potter plans to
appear at the trial of this matter, he must file notice of appearance as soon as possible.
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